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Commercial Litigation UK
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July 09, 2025
Toy Maker Fails To Revive Rubik's Cube TM At EU Court
A European Union court on Wednesday rejected a toy company's attempt to rekindle its 3D Rubik's Cube trademark on the grounds that its shape is entirely functional.
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July 09, 2025
Sony Can Alter Defense In Hendrix Band Copyright Case
The U.K. arm of Sony won permission to alter its defense against a claim brought by the estates of Jimi Hendrix's former bandmates in a copyright feud over the group's back catalog, after a London judge dismissed the estates' objections on Wednesday.
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July 09, 2025
Recruiter To Pay £188K To Director Fired Over Brain Injury
An employment tribunal has ordered a recruitment company to pay £187,585 ($254,800) to a former staffer it fired because it found his health issues too difficult to manage, after he suffered a life-altering brain injury caused by a heart attack.Â
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July 09, 2025
Sweden Wins €60M Pension Fraud Case Against Financier
A London court has ruled that a financier defrauded the Swedish government by setting up an illegitimate investment fund that took €60.7 million ($71.1 million) from savers' pension accounts.
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July 09, 2025
Car Brake Maker Accuses Rival Of Copying Design
A manufacturer of suspension and brake systems for cars has sued a rival in a London court for patent infringement, saying its brake calipers were disassembled and re-engineered with new components.
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July 09, 2025
Insurers Argue $37M Liability Void Over Director's Charges
Six insurers told an appeals court Wednesday they should not have to pay $37 million to the owners of a cargo ship seized by the Indonesian navy because the policy was rendered void by the owner's failure to disclose that its director faced criminal charges.
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July 09, 2025
British Airways Pensions Biz Unfairly Sacked Investment Exec
An employment tribunal has ruled that British Airways' pensions unit botched an investigation into a senior investment specialist over a confidential email he sent to himself during a workplace restructuring dispute, even though the employee was partly responsible for his ultimate dismissal.
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July 09, 2025
Ship Buyers Fight $5M Deposit Debt Ruling At UK Top Court
Buyers in a collapsed tanker deal fought on Wednesday to escape an almost $5 million debt for failing to facilitate a deposit payment, telling Britain's top court that the correct remedy is damages, and they should pay nothing because there was no loss.
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July 09, 2025
Target Misses Bull's-Eye TM Bid At EU Court
U.S. retail giant Target lost a trademark over its red bull's-eye logo on Wednesday after a European Union court ruled that the mark was too banal to be protected as it displayed only simple geometric shapes.
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July 09, 2025
Taxi Drivers Win Challenge Over 'Oppressive' Data Request
The Employment Appeal Tribunal has sided with a group of more than 500 gig economy drivers and reduced the amount of data they must hand over in their pay dispute with taxi company Veezu.
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July 08, 2025
Ex-BofA Exec Sues For Bias Over Workplace Affair Fallout
A former Merrill Lynch director has failed to keep his name out of tribunal proceedings against the bank in his claim alleging he was unfairly dismissed and discriminated against following a workplace relationship that ended in acrimony.
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July 08, 2025
Appeal Win Gives Certainty To UK Class Action Funding
The Court of Appeal's decision to endorse the validity of litigation-financing agreements devised to sidestep a U.K. Supreme Court ruling that upended class action funding provides certainty over what is allowed, but lawyers remain wary that further legislative changes are likely.
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July 08, 2025
Oil Co. Says Nigeria Shouldn't Profit From £44M Legal Bill
An oil and gas company at the center of a fraud scandal arising from an $11 billion arbitration award issued against Nigeria urged the U.K.'s highest court Tuesday to change the currency for Nigeria's legal costs, arguing that the country would unjustly benefit from the depreciation of its own currency.
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July 08, 2025
Drugmaker Wants £46M For MSD's Use Of 'Merck' In UK
German drugmaker Merck KGaA asked a London court Tuesday to force U.S.-based Merck Sharp & Dohme LLC to pay £46 million ($62 million) for breaching an order by using the "Merck" name in the U.K.
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July 08, 2025
Wimbledon's £200M Expansion Plan Faces Legal Challenge
Campaigners challenging a £200 million ($271 million) plan to expand the Wimbledon tennis ground told a court Tuesday that the London local authority unlawfully approved the 38-court expansion project.
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July 08, 2025
Ryanair Loses Appeal Over Ex-Pilot's Agency Worker Status
A London appeals court rejected Ryanair's latest attempt on Tuesday to block a claim from a former contracted pilot for equal treatment with directly employed pilots, upholding a ruling that he held agency worker status at the airline.
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July 08, 2025
Ex-Axiom Chief Ordered To Pay £5M SRA Intervention Costs
A London court ordered the former chief of Axiom Ince Ltd. to pay the multimillion-pound cost of regulatory intervention into the firm on Tuesday after concluding that he was involved with its misuse of £65 million ($88 million) of its clients' cash.
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July 08, 2025
Tech Firm Says Ex-VP Was Not Employee In £2.5M Claim
A technology company has hit back at a £2.5 million ($3.4 million) claim brought by its former chief product officer, denying that it ever employed the executive and insisting she was never promised a stake in the business.
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July 07, 2025
Malaysia Info Demand Gets Green Light In $14.9B Dispute
A Delaware judge has declined to nix an order allowing units of Malaysia's national energy company to seek discovery relating to a third-party funding deal that led to a $14.9 billion arbitral award issued against Kuala Lumpur following a territorial dispute stemming from a 19th-century land deal.
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July 07, 2025
Meat Tycoon Relative Loses $402M Trust Fight In Top Court
A relative of a 19th-century meat tycoon on Monday lost her battle to reverse the transfer of $402 million out of a trust from which she benefited, with the highest court for some independent Commonwealth countries ruling that a trustee did not act unreasonably.
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July 07, 2025
Huawei Loses 2nd Bid To Move Patent Dispute To China
Huawei couldn't convince a London judge to let a Chinese court handle its patent license dispute with MediaTek for a second time, as nothing had changed since its last request in December.
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July 07, 2025
Campaign Groups Fight For Full 'Dieselgate' Documents
Automakers accused of fitting emissions-test cheating devices in their cars should be forced to remove redactions they have made to documents filed in litigation brought by U.K. motorists, two climate campaign organizations argued at a hearing on Monday.
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July 14, 2025
Gide Hires Restructuring Partner From HSF Kramer In Paris
Gide Loyrette Nouel has strengthened its restructuring team in Paris with the hire of a new partner from Herbert Smith Freehills Kramer LLP.
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July 07, 2025
Law Firm Gets 'Vague' £4.6M Negligence Case Struck Out
A London court struck out on Monday an energy company's £4.6 million ($6.3 million) claim against Benson Mazure LLP, because the law firm would have unreasonable difficulty understanding and responding to the "vague and confused" case.
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July 07, 2025
GlobalData Says Exec's £797K Case 'Not David And Goliath'
GlobalData told a London court on Monday that a former director's claim that the business owes him £797,000 ($1.1 million) for refusing to let him exercise share options was not a case of "David and Goliath."
Expert Analysis
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AI Reforms Prompt Fintech Compliance Considerations
With the EU Artificial Intelligence Act's Aug. 1 enforcement, and the U.K.'s new plans to introduce AI reforms, fintech companies should consider how to best focus limited resources as they balance innovation and compliance, says Nicola Kerr-Shaw at Skadden.
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Should Arbitrators Do More To Encourage Settlements?
In light of discussions on settlement in arbitration, there is a consensus that arbitrators in English-seated proceedings should play a greater role, but determining the extent of that involvement is difficult, as arbitrators can inadvertently place themselves in a position of potential conflict, say lawyers at Dentons.
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Irish Businesses Should Act Now To Prepare For EU AI Act
Artificial intelligence is increasingly transforming the Irish job market, and proactive engagement with the forthcoming European Union AI Act, a significant shift in the regulatory landscape for Irish businesses, will be essential for Irish businesses to responsibly harness AI’s advantages and to maintain legal compliance, say lawyers at Pinsent Masons.
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Takeaways From World Uyghur Congress Forced Labor Ruling
The Court of Appeal’s recent judgment in the World Uyghur Congress' case against the National Crime Agency confirms that companies dealing in goods that they suspect to be products of forced labor are potentially liable to criminal prosecution, presenting significant legal risks that cannot always be mitigated through conducting supply chain due diligence, say lawyers at King & Spalding.
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Emissions And Extraction: Unpacking The Finch Ruling
In Finch v. Surrey County Council, the U.K. Supreme Court recently found that the council's authorization of an oil field expansion was unlawful for failing to consider its greenhouse gas effects, potentially leading to major implications for planning decision processes, say lawyers at Hausfeld.
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10 Ways To Manage AI Risks In Service Contracts
With the European Union Artificial Intelligence Act coming into force on Aug. 1 and introducing a new regulatory risk, and with AI technology continuing to develop at pace, parties to services arrangements should employ mechanisms now to build in flexibility and get on the front foot, says James Longster at Travers Smith.
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Unpacking The New Concept Of 'Trading Misfeasance'
In addition to granting one of the largest trading awards since the Insolvency Act was passed in 1986, the High Court recently introduced a novel claim for misfeasant trading in Wright v. Chappell, opening the door to liability for directors, even where insolvent liquidation or administration was not inevitable, say lawyers at Greenberg Traurig.
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Don't Wing Settlements: Lessons From Morley's TM Ruling
In Morley's v. Sivakumar, the ÃÛÌÒÊÓÆµ Enterprise Court recently found that a fast-food franchiser had breached a fried chicken franchise's trademark rights, despite a prior settlement agreement, offering lessons on drafting express terms to ensure IP protection, say Nessa Khandaker and Clare Cornell at Finnegan.
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Analyzing The Merits Threshold In Interim Injunction Ruling
In Kuznetsov v. War Group, the High Court recently dismissed an interim injunction application, reminding practitioners to be mindful of the possibility that they may be required to meet a higher threshold merits test, say Mark Cooper and Tom Parry at Eversheds Sutherland.
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Use Or Lose It: European TM Ruling Stresses 'Genuine Use'
The European Union General Court recently dismissed an action to revoke trademark protections for a lack of use in Sta Grupa v. EU ÃÛÌÒÊÓÆµ Office, offering significant insight into the intricacies of assessing evidence of genuine use in revocation actions, says Sumi Nadarajah at FRKelly.
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Decoding Plans To Simplify The Transfer Of Undertakings Law
The prior Conservative government's proposed reforms to the Transfer of Undertakings Regulations to simplify processes protecting employee rights have generally been welcomed, but the fact that Labour is now in power casts significant doubt on whether they will be pursued, says Robert Forsyth at Michelmores.
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Decoding Arbitral Disputes: Intra-EU Enforcement Trends
Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.
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Adjudication Dispute Ruling Elucidates Merit Of Cross-Claims
In Morganstone v. Birkemp, the High Court recently found that an adjudicator's refusal to consider cross-claims outside the scope of an interim payment breached natural justice, highlighting inherent risks in the adjudication process, including that not all decisions will be enforced automatically, say Ryland Ash and Jonathan Clarke at Watson Farley.
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Employer Lessons From Teacher's Menopause Bias Win
A Scottish employment tribunal’s recent decision to award a teacher over £60,000 ($77,829) for unfair dismissal is a reminder that menopausal symptoms can amount to a disability, and together with potentially stronger measures from the new Labour government, should prompt all employers to implement effective menopause support policies, say Ellie Gelder and Kelly Thomson at RPC.
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Why Ukraine Aircraft Insurance Case Failed To Take Off In UK
In Aercap v. PJSC Insurance, the High Court decided the claimants could not avoid an exclusive jurisdiction clause and advance their case in England rather than Ukraine, and the reasoning is likely to be of relevance in future jurisdiction disputes, say Abigail Healey and Genevieve Douglas at Quillon Law.